Oltmer v. Zamora

418 N.E.2d 506 (1981)

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Nature of the Case

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Facts

Ps were a married couple who moved to the Decatur area. They contacted the Drobisch firm (D), who sent their agent, Jones (D), to Ps. She showed Ps several houses and P eventually purchased one of these homes. The house was built and owned by the Zamora (D). The house was 13 to 15 inches higher on its south side than on its north side. Jones (D) was an aunt of Elaine M. Zamora (D) but did not disclose this to P. Jones (D) disparaged several of the houses which she showed to P. Jones (D) told Ps that Joseph B. Zamora (D) who built the house was a 'very reputable' builder and 'one of the best in the area' although she knew he had never built any type of structure before. Jones (D) had made several inspections of the house but when told by P, during the showing of the house, that he felt like he was 'walking uphill,' responded that could not be so because the house was new. When measurements confirmed the existence of the sloping nature of the house, Jones (D) suggested to Ps that they attempt to sell it and implied that they do so without informing the purchasers of the problem. P sued Ds for fraud. Ps obtained a verdict on count 1 for $7,500 but not on counts II and III. Counts II and III charged Ds with misrepresentation. Count II sought compensatory damages and count III sought punitive damages. The jury was unable to agree on those two counts. The court, after discharging the jury, entered judgment for Ds notwithstanding the inability of the jury to agree. Ps appealed.